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1. The Defendant’s notary public against B, C, and D is an executory exemplification of a notarial deed, No. 599, 2012.
Reasons
1. Basic facts
A. On February 8, 2011, the Plaintiff entered into a lease agreement with E to determine the movable property listed in the [Attachment List owned by the Plaintiff (hereinafter “instant movable property”) as KRW 36 months, monthly lease fees of KRW 1,323,791, and to take possession and use, and to comply with the terms and conditions prescribed in the lease agreement with respect to the disposal of the property after the lease period expires, and the Plaintiff set up and provided the instant movable property at the E’s workplace.
B. The Defendant had a claim against E based on the No. 599 of the No. 2012 No. 599 of the No. 2010.
Upon the death of E, the Defendant: (a) granted succession execution clause to B, C, and D, the inheritor of E; and (b) on December 27, 2013, attached the instant movable property to Changwon District Court 2013No3591 based on the original copy of the said notarial deed.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-3, Gap evidence 3-3, the purport of whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, since the owner of the instant movable is the Plaintiff, the lease company, the execution of seizure of the instant movable property by the Defendant is illegal since it was conducted against the goods owned by the Plaintiff, which are not those owned by the debtor B, C, and D.
Therefore, the execution of seizure against the instant movable by the Defendant is not permissible.
B. The defendant's assertion argues that since the lease contract entered into between the plaintiff and E is a transfer contract for the security for the unpaid installment, the plaintiff only has preferential right to payment for the movable property of this case, but cannot file a lawsuit of objection with a third party as the owner.
In concluding a contract of sale and purchase of movable property, the seller delivers the object to the buyer before he is paid the price in full, but the ownership of the object is reserved by the seller until the price is paid in full, and the ownership of the object is paid in full by the buyer.